Scottish Statutory Instruments
Children And Young Persons
Made
10th March 2020
Laid before the Scottish Parliament
12th March 2020
Coming into force
31st March 2020
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 84(2) of the Age of Criminal Responsibility (Scotland) Act 2019(1).
1.—(1) These Regulations may be cited as the Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 2) Regulations 2020 and come into force on 31 March 2020.
(2) In these Regulations “the Act” means the Age of Criminal Responsibility (Scotland) Act 2019.
2.—(1) 31 March 2020 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the schedule.
(2) The subject matter of each provision of the Act specified in column 1 is listed in column 2 of the schedule.
MAREE TODD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
10th March 2020
Regulation 2(1)
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Subject matter |
| Section 22 | Independent reviewer - guidance |
| Section 23 | Independent reviewer – regulation of procedure for review |
| Section 24 | Independent reviewer – regulations modifying functions |
| Section 29 | List of places of safety |
| Section 30 | Place of safety – regulations |
| Section 31 | Place of safety – guidance |
| Section 32 | Place of safety – reports on use |
| Section 33(4) | Search of child under 12 - regulations |
| Section 56(3) and (4) | Child interview rights practitioners - regulations |
| Section 57 | Child questioning and interviewing - guidance |
| Section 60(6) | Modification of key definitions - regulations |
| Section 65(2)(b)(iii) and 65(3) | Taking of intimate samples by prescribed individuals – regulations |
| Section 66(9) | Destruction of prints or samples taken under section 63 – regulations |
| Section 73 | Children’s legal aid for proceedings under part 4 (police investigatory and other powers) regulations |
| Section 80 | Interpretation |
| Section 81 | Civil jurisdiction of summary sheriffs |
| Section 82 | Regulation-making powers |
| Section 83 | Ancillary provision |
(This note is not part of the Regulations)
These Regulations bring into force the provisions of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”) on 31 March 2020 listed in the schedule. These provisions relate to:
Section 22 – issuing guidance in relation to the exercise of functions by the independent reviewer concerning disclosure of information,
Section 23 – making regulations about the procedure for review by the independent reviewer under part 2 of the Act,
Section 24 – making regulations to modify the functions of the independent reviewer,
Section 29 – allowing the Scottish Ministers to compile and maintain a list of places of safety to be used under part 4 of the Act,
Section 30 – allowing the Scottish Ministers to make regulations about children taken to and kept in a place of safety under section 28 of the Act,
Section 31 – issuing guidance relating to the exercise of the power under section 28 of the Act,
Section 32 – placing a requirement on the Scottish Ministers to publish reports on the use of places of safety under section 28 of the Act,
Section 33(4) - allowing the Scottish Ministers to make regulations which specify enactments to which section 33 (search of a child under 12 without warrant under existing enactment) is not to apply,
Section 56(3) and (4) - allowing the Scottish Ministers to make regulations in connection with child interview rights practitioners,
Section 57 – allowing the Scottish Ministers to issue guidance in connection with the questioning of children by the police,
Sections 60(6) - allowing the Scottish Ministers to make regulations to modify the definitions of “relevant physical data”, “relevant sample” and “intimate sample”,
Sections 65(2)(b)(iii), 65(3) – allowing the Scottish Ministers to make regulations regarding the meaning of “registered health care professional”,
Section 66(9) - allowing the Scottish Ministers to make regulations in connection with the destruction of prints and samples,
Section 73 - amending the Legal Aid (Scotland) Act 1986 to insert new provision for legal aid in respect of certain proceedings under part 4 of the Act,
Section 80 - making interpretative provision for part 4 of the Act,
Section 81 - amending the Courts Reform (Scotland) Act 2014 to include proceedings under the Act,
Section 82 - making provision on the procedure to be followed in respect of regulation-making powers under the Act, and
Section 83 - making ancillary provision.
These are the second Commencement Regulations in respect of the Act.
(This note is not part of the Regulations)
The Act received Royal Assent on 11 June 2019. Sections 84 and 85 of the Act came into force on the following day. The first Commencement Regulations, the Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 1 and Transitory Provision) Regulations 2019 was made on 29 October 2019 and came into force on 29 November 2019.
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Sections 3 and 27 | 29 November 2019 | 2019/349 |